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HomeMy WebLinkAbout1993-06-14 93-319 ORDER❑ate June 19, 1993 Item No. 93-319 Item/Subject: Order Authorising execution of .Agreements with Penobscot County Responsible Department: Community a economic Development This Order authorises the execution of two agreements with Penobscot County regarding the lease and maintenance of parking spaces at the new Police Station Parking cot. This plan has previously been reviewed and approved as part of the Sobs Bond Project at the Police Station. (See attached memorandum). The Community and economic Development Committee has recommended approval. ❑ rtment Head Budget Approval: Finance Director Legal Approval: CO ie$ �n®a nd 4_ G Q %r4 City Solicitor vu % passage _ First Reading Page 1 of 3 Referral City manager Associated Informations Budget Approval: Finance Director Legal Approval: CO ie$ �n®a nd 4_ G Q %r4 City Solicitor vu % passage _ First Reading Page 1 of 3 Referral 93-319 Aeugned to Councilor Sullivan, Tune 14, 1993 :✓ CITY OF BANGOR (TITLE.) (Orber, Autbo 1 int Execution of A&reements with Penobscot County _. By the City CouseR of the City of Basses.' ORDERED, TWT WiIERHA6, the City is the ower of certain real estate located in the City of Bangor know as the "Police Station Parking Late; and WHEREAS, the County is the ower of adjacent real estate consisting of the Penobscot County jail and courthouse; and WHEREAS, the City has recently completed renovation of its police Station Parking Lot; and; WHEREAS, by prior understanding of the parties, the City's renovation of its Police Station Parking .Lot included reconstruction of six parking spaces located on adjacent land Owed by the County; and WHEREAS, the Cowry wishes to lease spaces in the. Police Station Lot; and WHEREAS, it is desirable and coat effective of the City to maintain the spaces located in the Police Station Parking Lot and those located on adjacent County owned land; THEREFORE, BE IT ORDERED THAT the City Manager is authorised and directed to execute a parking lease and maintenance agreement with Penobscot County. 93-319 O ROER C IN CITY COUNCIL Title, June 14, 1993 Passed „BVLb9[3ZbPB.?:9S4S39P.9E. A8?Y4m444.. i witb Penobscot County GLENN CIT CLE ......... ........././/.'................ ignedte y� ........... Councilman CITV Of _fj/ 93-319 DEPARTMENT o1 COMMUNITY and E00NOMIC DEVELOPMENT TEL. 207re4e�4400 NEM T0: City Councilors PR: Kenneth R. Gibb, Director of Community 6 Economic Dem RE: Parking Lease and Maintenance Agreement with Penobscot County DATE: June 91 1993 As you will recall, we have previously developed the terms of an agreement with Penobscot County regarding the construction, maintenance and use of parking spaces in the new parking lot behind the Police Station. The Council agenda includes the specific agreements between the City and County. The terms of the agreement are summarised below. 1. The County will lease a total of 35 spaces on City -owned land for a period of 20 years. The County will pay $875 per apace as a reimbursement for construction costs. These funds are part of the local match for the Police Station Jobe Send project. The County has previously made a $10,000 payment on the full amount of $30,625. 2. The County shall make annual payments equal to $4.00 per space per month for the maintenance of these spaces. This fee will increase to $5.00 per month in the year 2001. The City shall provide all maintenance services Including snow plowing for these spaces. 3. A total of 6 parking spaces were constructed on adjacent County -owned land. The County will reimburse the City's cost of constructing these spaces ($429.00) per apace. 4. The County will reimburse the City for the maintenance of spaces including anew removal. This fee will be $4.00 per space per month. This amount will increase to $5.00 per month in the year 2001. We believe that the agreements as outlined above represent a positive and cooperative effort between the City and County to address parking needs in the Summand and Court Street area. Staff recommends approval. ARG/rp Ren/PeMCOAg DRAFT LEASE AGREEMENT 93-319 This LEASE AGREEMENT, executed in duplicate counterparts, and entered into this _ day of 1993 by and between: The CITY OF BANGOR, a municipal corporation organised and existing under and by virtue of the laws of the State of Maine located in the County of Penobscot, State of Maine, thereinafter sometimes referred to as the "City") AND PENOBSCOT COUNTY, a County goverment organised and existing under and by virtue of the laws of the State of Maine, (hereinafter sometimes referred to as the --County-')- WITNESSETH WHEREAS, the City Is the owner of certain real estate located In the City of Bangor as depicted in the attached sketch (Exhibit "A") known as the "Police Station Parking Lot"; and WHEREAS, the County desires to lease a portion of the Police Station Parking Lot) NOW, THEREFORE, in consideration of the reciprocal under- takings, obligations and responsibilities set forth herein, the parties hereby agree as follows: ARTICLE I PREMISES The City, for and in consideration of the rents to be paid and the obligations to be performed by the County as hereinafter provided, does hereby demise and lease unto the County, and the County does hereby demise, lease, take and hire, upon and sub- ject to the conditions hereinafter expressed, the following described property in its present condition, vizi A total of thirty-five (35) parking spaces in the Police Station Parking Lot as depicted on "Exhibit A" attached hereto and incorporated herein by reference. ARTICLE II TERM TO HAVE AND TO HOLD the demised premises unto the County for a period of fifteen (15) years commencing on the 1st day of January 1993 and expiring on the last day of December 2007, unless sooner terminated as provided herein. ARTICLE III RENTAL The rental to be paid by the County to the City during the term of this Lease for the real estate identified on "Exhibit All shall be as follows: 1. An initial capital contribution of Eight Hundred Seventy -Five Dollars ($875.00) per space, Thirty Thousand Six Hundred Twenty -Five Dollars ($30,625.00) in total, to reimburse the City for its cost of construction of the parking spaces, Ten Thousand Dollars ($10,000.00) of said amount havingpreviously been paid by the County to the City, with the remaining balance to be paid no later than July 1, 1993; and 2. Payments for maintenance of said spaces in the amount of $4.00 per space per month for calendar years 1993 through 2000 ($1,680.00 total per year) and $5.00 per space per month, for calendar years 2001 through 2007 ($2,100.00 total per year), said total amounts to be paid by the County to the City without prior demand or invoice no later than January 31st of each calendar year. For calendar year 1993, payment shall begin o July 1, 1993 and the 1993 amount of $840 shall be paid no later than July 31, 1993. ARTICLE IV MAINTENANCE The City shall be responsible for maintaining the 35 parking spaces located in the Police Station Parking Lot. The City's maintenance responsibilities shall include snow removal, striping, surface patching, paving overlay, and the cost of electrical power for lighting of the parking lot. A. The County shall use and occupy the premises herein demised for parking purposes for its employees, invitees and customers, and for no other purposes whatsoever without the express prior written consent of the City. B. The County shall not use cupy said premises in any manner so as to knowingly violate any applicable law., ordinance or regulation of any duly constituted governmental authority. C. The County shall have the exclusive discretion to deter- mine the use and occupancy of the premises by any third persons, and shall have the right to prohibit and remove any persons or vehicles as may occupy said premises without the County's permission. D. The City, through its agents, shall have at all reasonable times the right to go upon the demised premises, for the purpose of maintenance, inspection or repair of the demised premises or of immediately adjacent portions of the City's Police Station Parking Lot, including adjacent or subjacent roads, walkways, storm drains, catch basins, sewer lines, water lines, electrical or other utilities or similar appurtenances owned or used by the City. ARTICLE VI Nothing herein shall prohibit the City, on a temporary basis, from denying access to portions of said premises a necessary for the repair and maintenance of the parking lot or public areas or property abutting or lying subjacent to said premises. ARTICLE VII TITLE TO IMPROVEMENTS Upon termination of this Lease, by normal expiration o otherwise, any additional improvements, structures or personal property erected or located upon the demised premises by the County shall become the property of the City to be disposed of in any way the City may deem fit. ARTICLE VIII NON-DISCRIMINATION The County, in the use and occupancy of the leased premises, shall not discriminate or permit discrimination against any person or group of persons in any manner contrary to law. ARTICLE IX LIABILITY OF CO[MW _ The liability of the County for acts and/or omissions of its officers, employees or agents arising out of this Lease shall be governed by the provisions of the Maine Tort Claims Act, 14 M.R.S.A. g 8101 et sec. ARTICLE X TERMINATION It is covenanted and agreed that; (1) If the County shall neglect or fail to pay the rent or other charges payable hereunder, and such default shall continue for a period of ten (10) days after written notice thereof by the City; or (2) If the County shall neglect or fail to perform or observe any of the other covenants, terms, provisions, obliga- tions or conditions on its part to be performed or observed under this Lease and such default shall continue for a period of thirty (30) days after written notice thereof by the City; or (3) If the estate hereby created shall be taken by eminent domain, on execution, or by other process of law; then, in any of the above cases, the City lawfully may, immediately or at any time thereafter, and without demand or notice, enter into and upon the same premises or any part thereof, in the name of the whole and repossess the same as of the City's former estate, and expel the County and those claiming through or under the County and remove the County o its effects (forcibly, if necessary) without being deemed guilty of any manner of trespass, and without prejudice to any remedies which might otherwise be used for arrears of rent or preceding breach of covenant, and upon such entry by the City, this Lease shall terminate. Upon termination of this Lease under this Article X, County's obligation to pay rents shall cease as of the date of such termination. ARTICLE X1 SUCCESSION AND ASSIGNABILITY All provisions of this Lease shall extend to, bind and inure to the benefit of not only the City and the County, but also their successors and assigns. ARTICLE XII NOTICES Notices to the City provided for in this Lease shall be sufficient if sent by registered or certified mail, postage prepaid to: City Manager City of Bangor 23 Harlow Street Bangor, Maine 04401 and notices to the County shall be sufficient if sent by registered or certified mail, postage prepaid to: Penobscot County Commissioner's Office Penobscot County Courthouse 92 Hammond Street Bangor, Maine 04401 or to such other respective persons at addresses as the parties may designate to each other in writing from time to time. ARTICLE XIII WAIVER Failure on the part of either party to complain of any action or non -action on the part of the other, no matter how long the same may continue, shall never be deemed to be a waiver by either party of any rights hereunder. No waiver at any time of any of the provisions hereof by either party shall be construed as a waiver of any other provisions hereof, and waiver at any time of any of the provisions hereof shall not be construed at any subsequent time as a waiver of the save provisions. The approval by either party to or of any action by the other requiring consent or approval shall not be deemed to waive n ender unnecessary the required consent or approval of any subsequent or similar action. ARTICLE XIV INVALIDITY OF PARTICULAR PROVISIONS If any term or provision of this Lease or the application thereof to any person or circumstances shall be declared invalid or enforceable by any court of competent jurisdiction, the remainder of this Lease, or the application of such terms and conditions to persons or circumstances other than these which have been held invalid or unenforceable, shall not he affected, and each term or condition of this Lease shall be valid and be enforceable to the fullest extent permitted by law. ARTICLE XV CONSTRUCTION The headings appearing in this Lease are intended for convenience and reference only, and are not to be construed by the parties hereto or by any third parties in construing this Lease. Nothing contained herein shall be deemed or construed by the parties hereto or by any third party as creating the relationship of principal and agent or of partnership or of joint venture between the parties hereto, it being understood and agreed that all provisions contained herein are intended to sate the relationship between the parties of landlord and tenant. ARTICLE Sul GOVERNING LAW This Lease shall be governed by the provisions hereof and by the applicable laws Of the State of Maine, as the same may from time to time exist. ARTICLE XVII AUTHORITY TO ENTER INTO LEASE AGREEMENT A. The City hereby represents and warrants that it has taken all necessary procedural and legal steps as required under State law and its local Charter and ordinances for the purpose of authorizing the execution of this Lease and that the execution of this Lease by its City Manager renders this Lease a valid and binding document on the part of the City of Bangor, its successors and assigns fully enforceable in all of its terms and conditions by the County. B. The County hereby represents and warrants that it has taken all necessary procedural and legal steps as required under State law and its local Charter and ordinances for the purpose of authorizing the execution of this Lease, and that execution of this Lease by the County's representative renders this Lease valid and binding document on .the part of the County, its successors and assigns, fully enforceable in all of its terms and conditions by the City. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first written above. CITY OF BANGOR Hy Witness Edward A. Barrett Its City Manager PENOBSCOT COUNTY By Chairman, Penobscot County Board of Commissioners la -county DRAFT This MAINTENANCE AGREEMENT, executed in duplicate counterparts andenteredinto this _ day of 1993, by and between: The CITY OF BANGOR, a municipal corporation organized and existing under and by virtue of the laws of the State of Maine located in the County of Penobscot, State of Maine, (herein- after sometimes referred to as the "City") AND PENOBSCOT COUNTY, a County goverment organized and existing under and by virtue of the laws of the State of Maine, (herein- after sometimes referred to as the "County'). WITNESSETH WHEREAS, the City is the owner of certain real estate located in the City of Bangor as depicted inthe attached sketch (Exhibit A) known as the "Police Station Parking LOC, and WHEREAS, the County is the owner of adjacent real estate consisting of the Penobscot Countyjail and courthouse; and WHEREAS, the City has recently completed renovation of its Police State Parking Lot; and WHEREAS, by prior understanding of the parties, the City's renovation of its Police Station Parking Lot included reconstruction of six parking -spaces located on adjacent land owned bytheCounty; and WHEREAS, the City wishes to receive reimbursement of its capital expenses incurred in reconstructing said.parking spaces owned by the County, and the Countywishes to enter into an Agreement with the City to provide for access to and maintenance of said parking spaces; NOW, THEREFORE, in consideration of the reciprocal undertakings, obligations and responsibilities set forth herein, the parties hereby mutually agree as follows: ARTICLE I COUNTY TO REIMBURSE CITY'S CAPITAL COST In consideration of the City's reconstruction of six (6) parking spaces on land owned by the County as hereinabove recited, the County hereby agrees to pay the City the sum of $429.00 per space recon- structed, $2,574.00 total, as a reimbursement of the City's capital costs incurred, said amount to be paid no later than July 1, 1993. ARTICLE II CITY TO PROVIDE ACCESS The City hereby agrees to provide and permit the County, its employees, invitees and customers, to have access by motor vehicle and on foot to said parking spaces over and across adjacent portions of the City's Police Station Parking Lot as depicted in Exhibit A. The County, its employees, invitees and customers shall have and enjoy such access at alltimes that the Penobscot County jail or courthouse shall be open for visitation or for the conduct of public business; except that access may be denied whenever the City's Police Station Parking Lot shall be closed for maintenance, excavation, repair or reconstruction of adjacent or subjacent streets, walkways, sewer lines, storm drains, water lines, or other underground utilities. ARTICLE III CITY To PROVIDE MAINTENANCE During the term of this Agreement, the City shall be responsible for maintaining the six parking spaces owned by the County. The City's maintenance responsibilities shall include snow removal, striping, surface patching, paving overlay, and the cost of electrical power for lighting of the six spaces as part of the' lighting provided by the City for its adjacent Police Station Parking Lot. All such maintenance shall be performed and provided at the same time, and on the same schedule, as for the City's adjacent Police Station Parking Lot. ARTICLE IV COUNTY TO PAY ANNUAL MAINTENANCE FEE During the term of this Agreement, the County shall pay to the City an annual fee for the City's maintenance of the County's six parking spaces, as follows: - For .calendar years 1993 through 2000, Four Dollars ($4.00) per space per month, $288.00 total per year. - For calendar years 2001 through 2007, Five Dollars ($5.00) per space per month, $360.00 total per year. Said total amounts shall be paid by the County to the City without prior demand or invoice no later than January 31st of each calendar year. For calendar year 1993, payment shall begin on July 1, 1993 and the 1993 amount of $144 shall be paid no later than July 31, 1993. ARTICLE V TERM OF AGREEMENT This Agreement shall be and remain in force for a period of fifteen (15) years commencing on the let day of January, 1993 and expiring on the last day of December, 2007, unless sooner terminated as provided herein. ARTICLE VI In the event the County shall cease or fail to make any of the payments required under this Agreement, and such default remains uncured for a period of thirty (30) days from the date such payment s due, the City, without excluding other remedies available to it, may declare this Agreement to have been terminated. Upon the effective date of such termination, the City's obligations to provide access and maintenance, and the County's obligation to pay an annual maintenance fee, shall cease. ARTICLE VII LIABILITY The liability of the parties to third -party claimants for claims arising out of the acts or omissions of their respective officers, employees or agents in performing this Agreement shall be governed by the provisions of the Maine Tort Claims Act, 14 M.R.S.A. g 8101 et son. ARTICLE VIII SUCCESSION AND ASSIGNABILITY All provisions of this Agreement shall extend to, bind and inure to the benefit of not only the City and the County, but also the successors and assigns. ARTICLE IX NMICES Notices to the City provided for in this Agreement shall be sufficient if sent by registered or certified mail, postage prepaid to: City Manager City of Bangor 73 Harlow Street Bangor, Maine 04401 and notices to the County shall be sufficient if sent by registered or certified mail, postage prepaid to: Penobscot County Commissioner's Office Penobscot County Courthouse 97 Hammond Street Bangor, Maine 04401 r to such other respective Peresat addresses as the parties may designate to each other in writing from time to time. ARTICLE X GOVERNING LAW This Agreement shall be governed by the provisions hereof and by the applicable laws of the State of Maine, as the same may from time to time exist. ARTICLE XI AUTHORITY To ENTER INTO AGREEMENT A. The City hereby represents and warrants that it has taken all necessary procedural and legal steps as required under State law and its local Charter and ordinances for the purpose of authorizing the execution of this Agreement and that the execution of this Agreement by its City Manager renders this Agreement a valid and binding document on the part of the City of Bangor, its successors and assigns fully enforceable in all of its terms and conditions by the County. H. The County hereby represents and warrants that it has taken all necessary procedural and legal steps as required under State law and its local Charter and ordinances for the purpose of authorising the execution of this Agreement, and that execution of this Agreement by the County's representative renders this Agreement 'a valid and binding document on the part of the County, its successors and signs, fully enforceable in all of its terms and conditions by the City. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first written above." CITY OF BANGOR Ey Edward A. Barrett Its City Manager PENOBSCOT COUNTY BY Witness Chairman, Penobscot County Board of Commissioners ma -county